Paramour Clause in a Tennessee Child Custody Order

My question involves a child custody case from the State of: TN

This isn’t directly about me. I am divorced and have two children. Age 7 and 2. I have been in a serious relationship with a man for about 9 months now. We are considering moving in together. The issue is not with MY custody and parenting plan, but his. He found out he was the father of a child in June. The child was born to a mother who tested positive for heroin. She has since been forced to go to rehab for a year and then will face felony charges for theft after. He took custody of the child at birth. They were never married, but in order to get custody, he had to have custody papers drawn up to which the lawyer included the paramour clause.

My lawyer during my divorce said that clause isn’t really enforced in TN anymore although it is included sometimes. I chose not to include it in my papers and plan for the simple fact I know I won’t have random men in and out of their lives. And there are too many loopholes and questions with it.

My question is: are there ways around this clause in his papers? What happens should he move in with the clause still in the papers? Obviously she’s not a fit parent as she is in rehab and tested positive for heroin while pregnant. But we also do not want to jeopardize his custody.

From reading, the options are get married or redo the papers to which she will be spiteful and not sign. And while we are committed, we don’t want to feel “forced” to get married. If TN does in fact not enforce this, what are the consequences?

Thanks in advance!!! Again, if no way around it, we’re not jeopardizing his custody. But we’re looking for some opinions on the matter.

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Quoting nurselife87

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My question involves a child custody case from the State of: TN

This isn’t directly about me. I am divorced and have two children. Age 7 and 2. I have been in a serious relationship with a man for about 9 months now. We are considering moving in together. The issue is not with MY custody and parenting plan, but his. He found out he was the father of a child in June. The child was born to a mother who tested positive for heroin. She has since been forced to go to rehab for a year and then will face felony charges for theft after. He took custody of the child at birth. They were never married, but in order to get custody, he had to have custody papers drawn up to which the lawyer included the paramour clause.

My lawyer during my divorce said that clause isn’t really enforced in TN anymore although it is included sometimes. I chose not to include it in my papers and plan for the simple fact I know I won’t have random men in and out of their lives. And there are too many loopholes and questions with it.

My question is: are there ways around this clause in his papers? What happens should he move in with the clause still in the papers? Obviously she’s not a fit parent as she is in rehab and tested positive for heroin while pregnant. But we also do not want to jeopardize his custody.

From reading, the options are get married or redo the papers to which she will be spiteful and not sign. And while we are committed, we don’t want to feel “forced” to get married. If TN does in fact not enforce this, what are the consequences?

Thanks in advance!!! Again, if no way around it, we’re not jeopardizing his custody. But we’re looking for some opinions on the matter.

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He is going to need to talk to his lawyer.